Introduction to Legal Analysis and Writing
Unit 2 Assignment

1. Who enacted this statute? New Mexico State Legislator
2. Is this statutory mandatory or discretionary? What causal term in the statute helped you answer this question? It is my opinion that this statute is mandatory and the causal term that helped me come to that conclusion is “Shall”. It is my opinion that the term “Shall” means required to in this statute.
3. According to this statute, what are the three ways that a person can be denied unemployment benefits in New Mexico? Must a person do all three things to be disqualified from receiving benefits, or is it enough that they only do one of the listed things? What term in the statute helped you answer this question? According to N.M. Stat. § 51-1-7, if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. If it is determined by the division that the individual has been discharged for misconduct connected with the individual's employment; or if it is determined by the division that the individual has failed without good cause either to apply for available, suitable work when so directed or referred by the division or to accept suitable work when offered. The term “or” in connection with this statute means one of the said conditions therefore a person would only have to do one of the following stated above. “Or” is the term that brought me to my decision and opinion.
4. Are there any exceptions to this statute? If so, which of the three ways of being denied unemployment compensation do the exceptions apply to? The Statue states that a person cannot be denied benefits a) solely on the basis of pregnancy or the termination of pregnancy; b) because of domestic abuse evidenced by medical documentation, legal documentation or a sworn statement from the claimant; or